Legal Question in Wills and Trusts in Florida
Can I get copie of will?
My grandfather passed away Nov,2000. My uncle was the estate executer. I was informed 3 mos after his death by certified mail that also included a check for $3500 that the letter stated was a very small portion of what I was to recieve. I and my brother were to get my deceased fathers portion of my granfathers estate.It has been 3 weeks since I wrote a letter asking when the remaining portion would be distributed and there has been no response. My uncle told me in a phone call at the same time I got the check that the remaing portion was in stocks and they were waiting for them to do better.I would like to see a copie of the will. What are my rights and what should I do next?I feel like I am now being avoided.
2 Answers from Attorneys
Re: Can I get copie of will?
Yes. You are entiltled to a copy if you ask (since you are a beneficiary), but go to the probate court where the will is being probated and you can see the whole file AND get a copy.
The Will is probated in the county where your grandfather lived.
Pat Prince
Re: Can I get copie of will?
Your question requires a long explanation. However, for statrters, since you are an interested party, YOU WERE required to receive notice and copies of the initial application to commence the estate together with a copy of the will. To answer your question not only can you get a copy of the will you are entitled to it. Further, within 56 days you are entitled to receive an inventory of all estate assets. Finally you are entitled to receive a copy of an accounting if you ask for one.
My suggestion is to retain an attorney to immediately request the court to supervise the estate. All the probate laws changed in 4/2000. they are now known as EPIC, Estates and Protected Individuals Code.
I and my firm specialize on probate, estate planning and elder law. Here is a brief bio of whom I am and I encourage you to call me and check out our web site. www.brmmlaw.com
Don L. Rosenberg is a partner in the law firm of Barron, Rosenberg, Mayoras & Mayoras, P.C. and has been practicing for over twenty years.
< Don's practice is limited to specializing in issues concerning disability, estate, business, long term care, nursing home and special needs planning.
< Member of National Academy of Elder Law Attorneys and is listed in the Academy's Experience Registry in the areas of Planning for Disabilities, Estate Planning, Estate and Gift Tax Planning, Decedents (Probate) Estate Administration, Guardian/Conservatorship and Medicaid Planning.
< Member of Oakland County Estate Planning Council.
Don was recently quoted in the March 6, 2000 of issue of Forbes magazine on page 178 in the article titled, "If It Sounds Too Good..." on the topic of trusts that are to good to be true.
< Selected Honored Member of the National Directory of Who's Who in Executives and Professionals, 1995, Who's Who in American Law, 1998-1999 and Who's Who, 1998 Honored and Distinguished Lawyers.
< Past-President of KESHET, which is a nonprofit organization that serves families who have children of any age with disabilities of any kind and a Member of the Board of Directors of KADIMA, which is a nonprofit organization that serves families and individuals with mental illnesses.
< Don is a frequent lecturer and has spoken before many groups.
Don L. Rosenberg
Barron, Rosenberg,
Mayoras & Mayoras, P.C.
200 East Long Lake Rd., Ste 180
Bloomfield Hills, MI 48304
WEB SITE: www.brmmlaw.com
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